Judge strikes Prop 8

Bryan · 08-05-2010, 08:38 AM

Judge overturns Calif. gay marriage ban - Yahoo! News

Yay for equality

tlj009 · 08-05-2010, 09:16 AM

DOMA is overruled because it is the states that have the right to regulate marriage and now the states are overruled by a Federal judge because the don't have the right to prevent someone from marrying. So at this point, there is absolutely no way to prevent gay marriage because it can't be done on the Federal or State levels? So much for a rule of the people, by the people.

**slap_j** · 08-05-2010, 09:23 AM

I don't think this surprises anyone. The prop 8 supporters anticipated this and, IIRC, requested a stay even before the ruling was handed down. Judge Walker did in fact issue the stay.

Quote:

Originally Posted by tlj009

DOMA is overruled because it is the states that have the right to regulate marriage and now the states are overruled by a Federal judge because the don't have the right to prevent someone from marrying. So at this point, there is absolutely no way to prevent gay marriage because it can't be done on the Federal or State levels? So much for a rule of the people, by the people.

DOMA is still law.

tlj009 · 08-05-2010, 09:27 AM

Quote:

DOMA is still law.

Judge declares US gay marriage ban is unconstitutional - Local News Updates - MetroDesk - The Boston Globe

"This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status," Tauro wrote. "The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state."

**Mr. RM** · 08-05-2010, 09:35 AM

The judge makes it clear that the ruling is over the issue of civil marriages. Churches do not have to recognize/endorse them and ministers can't be forced to participate in them.

I'm starting to wonder if it's time for the Church to completely sever ties with the government. Drop the tax exempt status and go back to being the Church.

**slap_j** · 08-05-2010, 09:35 AM

Quote:

Originally Posted by tlj009

Judge declares US gay marriage ban is unconstitutional - Local News Updates - MetroDesk - The Boston Globe

"This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status," Tauro wrote. "The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state."

Yes, but just because the Obama administration hasn't appealed doesn't mean DOMA has been overturned. It, in fact, has not been.

Bryan · 08-05-2010, 11:36 AM

Quote:

Originally Posted by slap_j

Yes, but just because the Obama administration hasn't appealed doesn't mean DOMA has been overturned. It, in fact, has not been.

If saying a law is unconstitutional doesn't mean it is overturned, then what does it mean?

**Mr. RM** · 08-05-2010, 12:16 PM

It's funny how the government picks and chooses which states' rights they want to push and which ones they don't.

OiBoyz · 08-05-2010, 01:23 PM

Quote:

Originally Posted by Leboman

Drop the tax exempt status and go back to being the Church.

I've always thought this. While the Church is so obsessed with their tax exempt status they have been serving Mammon AND Caesar. Time to serve our King.

**slap_j** · 08-05-2010, 01:29 PM

Quote:

Originally Posted by Bryan

If saying a law is unconstitutional doesn't mean it is overturned, then what does it mean?

A legal precedent has been set, but the law has not been repealed. Obama's DOJ can appeal to the Supreme Court.

Bryan · 08-05-2010, 02:05 PM

the law is repealed until the supreme court hears and overturns the lower courts' decision.

***BillSPrestonEsq*** · 08-05-2010, 02:15 PM

Honestly, once more proving democracy is not the source of law, but special interests.

Basically, this boils down to the state imposing the modern zeitgeist of morality over law and democracy.

**slap_j** · 08-05-2010, 02:30 PM

Quote:

Originally Posted by Bryan

the law is repealed until the supreme court hears and overturns the lower courts' decision.

Not outside of Massachusetts.

**scared2mosh** · 08-05-2010, 02:34 PM

Quote:

Originally Posted by Leboman

I'm starting to wonder if it's time for the Church to completely sever ties with the government. Drop the tax exempt status and go back to being the Church.

Amen.

**Ridley's Own** · 08-05-2010, 02:52 PM

Quote:

Originally Posted by OiBoyz

I've always thought this. While the Church is so obsessed with their tax exempt status they have been serving Mammon AND Caesar. Time to serve our King.

Would you explain to me how paying taxes is serving Jesus? Or how endorsing political candidates and popular movements serves Jesus?